There are two problems with this strategy. First, the Democrats would never do to Thomas what Republicans did to Fortas. For the Republicans, seats on the Supreme Court are worth whatever it takes to get them. They play hardball. For Democrats, well, they play beanbag over judicial appointments. Democrats are willing to toss a few stingers, but never do they truly want to hurt anyone. They cannot help it that they are nice people, and ruthlessness does not work for them. This is why a minority of Republicans in the United States can control the overwhelming majority of Democrats and independents who lean left.
Second problem, Thomas would fight to his last breath to keep his seat. He would claim the Fortas option was an attack on the court -- for he already makes a similar claim when anyone is critical of his conduct. If Harlan Crow's gifts and favors were given with a wink and nod, and in fact turned out to be bribes, and this could be proved to a jury beyond a reasonable doubt, and Thomas were convicted, I believe that rather than resign he would demand an impeachment proceeding to remove him from the court. Unlike in the case of Abe Fortas, who had deep concern for the court, it is not difficult to believe that Clarence Thomas cares only about Clarence Thomas. There is also the reality that as long as Republicans control the House of Representatives there will never be an impeachment of Thomas. Should Democrats regain control of the House, well, Democrats don't play hardball.
In short, nothing is going to happen to Clarence Thomas. No one is going to truly challenge his conduct, and he will sit on the Supreme Court until he feels like leaving.
I'd be interested in your thoughts. Share them on Twitter: @johnwdean.
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
9
8
6
